Fully Permitted Mine

Clay Diggins

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Nov 14, 2010
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On this forum, and others, I read endless stories of how mining is being shut down in the United States. Tales of mines projects being protested and lawsuits against mining seem to be popular.

I work full time in the mining industry and my experiences just don't jibe with these stories. Every year the greenies lose more cases than they win. The courts continue to rule that mining can proceed despite the protests and lawsuits.

There is some opposition in some particular areas to mining. In many other regions mining is welcomed as a revenue and job source to help struggling communities. I'm going to profile two mining projects in this post that I am very familiar with. I hope these profiles will help demonstrate how the United States remains the third largest mining nation on earth.

__________________________________________
Case #1

Probably one of the communities most opposed to any form of mining is Tucson, Arizona. This small city has become the chosen retirement destination for the bike riding, sandal wearing laid back liberals from the Northeast. It's about as anti-mining as a community can get. Any hint that a hole might be dug in Mother Earth somewhere brings out the opposing petitions, and checkbooks, of these wealthy retirees. It's not a coincidence that the money grubbing group of lawyers posing as the 11 million dollar per year Center for Biological Diversity has established their offices in Tucson. It's big money territory for lawyers counting on greenie contributions and fee payouts from the Federal government.

So what do you think happened when Rosemont, one of the biggest open pit mines ever proposed, was planned just 26 miles as the crow flies from Tucson? Yep - protests, campaigns, rallies, "news" articles and many many lawsuits. Rosemont will be mining 100,000 tons of copper per year. How long did it take to get the mine permitted? 5 years. A record short time for a mine of this size anywhere in the US!

__________________________________________
Case #2

Nevada is the biggest mining state. It's generally considered one of the most friendly states for mining and it produces about 79% of all gold mined in the US.

Midway Gold has a 4,000 acre low grade disseminated surface gold deposit in Nevada. They plan to open pit mine 875,000 ounces of gold over the next nine years.

The proposed mine and processing site has protected nesting Bald Eagles and Sage Grouse. You would think Midway Gold are gonna have problems getting approval for a huge open pit and cyanide leach pads there - right? Wrong. The entire mine and leach operation was permitted in 19 months. Even less time than the two years the company was planning.

Read how Midway Gold did it.
__________________________________________

I'm sure you can find horror stories about mine permitting. Bad news sells better than good news. Badly managed projects rarely get approval. Poorly planned operations are commonly hung up in the permitting process. It's you choice whether you learn from past mistakes. You choose whether to build on success or give up before trying.

Mining is alive and well in the United States and serious miners are finding the process of getting permitted easier each year. The tide has turned in the miner's favor and I would hope the small miners here can find it within themselves to let the past problems go and take advantage of the opportunity.

The markets and the people in this country are fed up with the greenies running things. The greenie rangers and land administrators have had their heads handed to them by the courts too many times. They are retiring in droves these days and the time to mine is upon us. We've got them on the run. Higher gold prices and easing of agency obstruction combined with a large number of small paying deposits spell a bright future for the small gold miners.

It's up to us to take advantage of this new mining environment. We can sit around and grouch about how difficult it is for us to even prospect anymore or we can seize the opportunity and create a whole new class of successful small miners. The choice is yours. I hope you choose mining.
 

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russau

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Bejay

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That is a very good point as lawyers get paid to argue. With that comes a point of tactics. What lawyer will succeed in presenting the best argument before the court. Are there many lawyers available who know mining law sufficiently to argue effectively and win? As Clay Diggins pointed out the big boys (mining companies) have succeeded in winning.....and such winning cases of law are available for all to use.

Presenting a case before a court requires skilled training, not just knowledge of the law. However having knowledge of the law affords the miner the opportunity to proceed into court with a lawyer willing to represent that miner correctly. Lots of lawyers simply lack mining law skills......as history shows: the small independent miner often chooses lawyers that fail to win cases.



IMHO: The best bet is to utilize a legal fund organization such as the Rocky Mountain Legal Foundation, or PLP etc. Knowledge of mining law/rules/regs/codes/policies helps the mining community overcome those who challenge them by conveying the correct application of law to those who may be chosen to represent them. Knowing "when, where and how" to proceed is important and knowledge is the key factor. Knowing when you are paying to be run down the wrong legal path is important. There was a recent miner citation/lawyer representation where the lawyer had the miner plead guilty to something the miner was not even charged with......and the miner was paying that attorney. Needless to say the miner choose an attorney who did not fair very well on behalf of that miner.



Bejay
 

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Clay Diggins

Clay Diggins

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Nov 14, 2010
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Where or who has a complete copy of the 1872 Mining Law with all the amendments of,
1878 Timber and Stone Act,
1897 Organic Administration Act,
1920 Mineral Leasing Act,
1947 Mineral Materials Act,
1948 Federal Water Pollution Prevention and Control Act,
1954 Multiple Mineral Use Act,
1955 Multiple Surface Use Act,
1963 Clean Air Act,
1964 Wilderness Act,
1970 Mining and Minerals Policy Act,
1976 Federal Land Policy and Management Act,
1977 Clean Water Act,
1977 Surface Mining Control and Reclamation Act,
1980 National Materials and Minerals Policy Act,
1986 Safe Water Drinking Act,
1987 Water Quality Act?
Please post a link... Thx in advance...

That's quite a list Keith! :laughing7:

Was that list made up by the BLM, Wikipedia or the Sierra Club? The reason I ask is it leaves out most of the laws amending the 1865, 1866, 1870 and 1872 Acts but it includes a bunch of Acts that specifically exclude mining from their purview or explicitly allow mining.

Where are the 1865, 1866, 1870 acts in this list? Why is the 1960 Placer Mill Act not in the list - the most significant of the mining act amendments in the last century? Why include Acts like the 1897 Organic Act (Forests) or the 1977 SMCRA that have nothing to do with the 1872 mining act and didn't amend it in any way? It is a curious list but a prudent man would be wise to understand each of them as it relates to mining.

I do have all those original acts in my library. Each individual act can be found on the internet. I do have links on our Ripple site to the early mining acts. You might be particularly interested in my take on the Organic Act and it's amendments that creates the legal framework for National Forests. I should write another article to explain why the Eastern "National Forests" are only Weeks Law purchase units and aren't National Forests at all.

Your desire to learn about the laws of mining is admirable. Miners need to be proficient in many disciplines to be successful and the law of mining is one of the most important of those skills. I wish I had a simple link to give you - there is none. It is something miners could use to their benefit.
 

augoldminer

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One good question to ask through a lawyer is if the agent of the government is a member of any environmentalist org.
many are and its a good place to start.

For a number of years a few of us small miners out in calif infiltrated the sierra club by joining and going to there meeting.

We saw forest service and BLM employees passing inside information to the environmentalists and in many cases there were known earth first members at these meeting.
the sierra club sends radicals that try to join the sierra club over to EF or ELF so that when they get arrested they don't make the sierra club look bad.

At the time the leader and co-founder of earth first Dave Forman was a payed employee of the sierra club.

Since the breakup of earth first and the founding of Earth Liberation Front (ELF) its still believed that ELF is now being supported by the sierra club.
 

augoldminer

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One good question to ask through a lawyer is if the agent of the government is a member of any environmentalist org.
many are and its a good place to start.

For a number of years a few of us small miners out in calif infiltrated the sierra club by joining and going to there meeting.

We saw forest service and BLM employees passing inside information to the environmentalists and in many cases there were known earth first members at these meeting.
the sierra club sends radicals that try to join the sierra club over to EF or ELF so that when they get arrested they don't make the sierra club look bad.

At the time the leader and co-founder of earth first Dave Forman was a payed employee of the sierra club.

Since the breakup of earth first and the founding of Earth Liberation Front (ELF) its still believed that ELF is now being supported by the sierra club.
 

AzViper

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That's quite a list Keith! :laughing7:

Was that list made up by the BLM, Wikipedia or the Sierra Club? The reason I ask is it leaves out most of the laws amending the 1865, 1866, 1870 and 1872 Acts but it includes a bunch of Acts that specifically exclude mining from their purview or explicitly allow mining.

Where are the 1865, 1866, 1870 acts in this list? Why is the 1960 Placer Mill Act not in the list - the most significant of the mining act amendments in the last century? Why include Acts like the 1897 Organic Act (Forests) or the 1977 SMCRA that have nothing to do with the 1872 mining act and didn't amend it in any way? It is a curious list but a prudent man would be wise to understand each of them as it relates to mining.

I do have all those original acts in my library. Each individual act can be found on the internet. I do have links on our Ripple site to the early mining acts. You might be particularly interested in my take on the Organic Act and it's amendments that creates the legal framework for National Forests. I should write another article to explain why the Eastern "National Forests" are only Weeks Law purchase units and aren't National Forests at all.

Your desire to learn about the laws of mining is admirable. Miners need to be proficient in many disciplines to be successful and the law of mining is one of the most important of those skills. I wish I had a simple link to give you - there is none. It is something miners could use to their benefit.

Barry amazingly it came from this site. Pan all the way to the bottom. Rosemount Copper
 

AzViper

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Hell to understand everything within the Mining laws and mining act amendments one would need to be a lawyer. I suppose they are written this way so to confuse those who are prying into the laws. Sure would be nice if there was a site that explained all the acts in layman terms where it’s easy to understand, but that’s wishful thinking on my part.
 

Professional Miner

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The mining laws are just a confusing to the local and federal agencies as it is too us or even our attorneys... Its about standing for what you believe in... what you believe your rights are....recently spoke with a person, who while on patented land in Oregon was told to stop mining because of SB838...he had his crew close and lock the gate..... took all the truck and car keys from the government vehicles and forced the greeies to walk out...all 8 miles walk out...since they were trespassing....

Yes the officials were pissed and threatened all kinds of legal action, but the fact remains, they were trespassing on private land.....a tow truck took all the vehicles to town.

If you don't stand up for what you believe, you'll fall for anything....

Professional Miner
 

Bejay

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[Quote} The mining laws are just a confusing to the local and federal agencies as it is too us or even our attorneys [end Quote]

This is truer than most believe and the "greenies" learned how to exploit this confusion to their advantage. The Federal Land management Agencies have historically allowed the use of public lands for many diverse economic benefits.....Such as timber harvest. But in order to allow a specific harvest the agencies were merely doing an inexpensive EA. The greenies took the Gov to court and challenged such assessments and challenged the Gov agencies utilizing the very language in acts such as the ESA etc. This forced the Gov to do a complete EIS (very costly) prior to any timber harvest. Then the greenies would even challenge the findings in the EIS. 99% of the time the Gov agencies had to go back to square one and redo the EIS because they failed to meet the courts interpretation of requirements per such Acts. Thus the Gov agencies simply quit proposing harvests after even employing those very same greenies failed to appease the greenies and calm the seas (so to say). The Gov agenciesd were tied up in court at every turn. So what did they do.......they basically joined forces and took on the greenie agenda and did not have to go back into court and lose again and again.
Tie up the Gov in court and challenge their every move gets results. The greenie groups have an agenda that usually takes on the concept of "doing good" or saving pretty things and critters. They get lots of money from donors and their court costs are paid by we the taxpayers. It seems like they have an edge having exploited their tactics of "doing good". And they figured out a long time ago that the Gov can not even follow the rule of law/Acts

Bejay
 

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